(a) Except as otherwise provided in § 21-111(f) of this title, each governmental agency shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent a governmental agency uses electronic records and electronic signatures under subsection (a) of this section, the governmental agency, giving due consideration to security, may specify:
(1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2) The electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in § 21-111(f) of this title, this title does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures.
Structure Maryland Statutes
Title 21 - The Maryland Uniform Electronic Transactions Act
Section 21-103 - Prospective Application
Section 21-104 - Use of Electronic Records and Electronic Signatures; Variation by Agreement
Section 21-105 - Construction and Application
Section 21-107 - Provision of Information in Writing; Presentation of Records
Section 21-108 - Attribution and Effect of Electronic Record and Electronic Signature
Section 21-109 - Effect of Change or Error
Section 21-110 - Notarization and Acknowledgment
Section 21-111 - Retention of Electronic Records; Originals
Section 21-112 - Admissibility in Evidence
Section 21-113 - Automated Transaction
Section 21-114 - Time and Place of Sending and Receipt
Section 21-115 - Transferable Records
Section 21-117 - Acceptance and Distribution of Electronic Records by Governmental Agencies
Section 21-118 - Interoperability
Section 21-118.1 - Use of Electronic Postmarks